ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario Registrar
-and-
1562363 Ontario Ltd. O/A Queenshead (The) Licensee
DECISION
Panel: Eleanor Meslin, Board Member Guy Maurice, Board Member
Decision Date: August 27, 2007
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone (416) 326-0366 Fax (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative
Allegations
- The Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a hearing on August 7, 2007 pursuant to a Notice of Proposal dated April 12, 2007 and a Supplementary Notice of Proposal dated June 4, 2007 to suspend liquor licence 807516 (the “licence”) issued to 1562363 Ontario Ltd. operating as QUEENSHEAD (THE), 659 Queen Street West, Toronto, Ontario, M6N 1E6 (the “Premises”).
Decision
- After considering all the evidence and submissions, the Board finds the Licensee violated section 43 and subsection 55(2) of Ontario Regulation 719/90. Reasons follow.
Preliminary Matters
The Licensee was not present at the hearing and no one appeared on the Licensee’s behalf. Ms. Chan made a motion to proceed ex parte on the basis that a Notice of Hearing was mailed to the Licensee at 659 Queen Street West, Toronto, Ontario M6J 1E6 on June 11, 2007.
Based on the evidence, the Board concluded the Licensee had received effective notice of the hearing. The motion was granted and the hearing proceeded ex parte.
Registrar’s Evidence
Detective Constable Robert Monteiro of Toronto Police Services was assigned to the inspection and enforcement of the Liquor Licence Act in 14 Division at the material times. On June 7, 2006, at approximately 1:15 am, he was outside and was able to see into the Premises. He observed an extremely crowded floor with the seating area around the perimeter filled to capacity.
Detective Constable Monteiro entered the bar at 1:20 a.m. Using a hand held counter, which he had tested earlier, he counted a total of 108 patrons and staff in an area licensed for 65 patrons.
He returned at a later date and informed staff of the overcrowding charges.
Jade Leadbetter, an AGCO Liquor Licence Inspector, attended the Premises on March 16, 2007 at 11:44 p.m. She noted that the Liquor Licence had been suspended on March 9 and March 30, 2007, but could not observe the suspension placard on this occasion.
Inspector Leadbetter returned to the Premises at 12:20 p.m, on March 20, 2007. The suspension placard was still not visible. It was obscured by other signs and newspapers. Yellow poster boards covered two windows and the others were covered with newspapers. She took photographs of the windows showing the condition of the exterior of the Premises (Exhibit 1 a-e). She located the suspension placard affixed to the lower section of the window and partially obscured.
Registrar’s Submissions
- The Registrar asked for 2 findings:
- section 43 of Ontario Regulation 719/90 – for overcrowding
- subsection 52(2) of Ontario Regulation 719/90 – suspension placard not posted
Regarding section 43, she pointed out that officer Monteiro’s count on January 7, 2007, showed 108 patrons and staff when the Liquor Licence permitted 43 persons.
Regarding subsection 52(2), Ms. Chan submitted that on Inspector Leadbetter’s visits to the Premises on March 16 and 20, 2007 the suspension placard was not visible. It was obscured by other signs and notices.
Findings
The Board accepts the evidence of Officer Monteiro that the Premises were overcrowded as confirmed by his hand held counter which indicated a count of 108 patrons in a licensed premise of 65. Therefore, the Board FINDS a breach of section 43 of Ontario Regulation 719/90 under the Liquor Licence Act.
The Board accepts the evidence of Inspector Leadbetter that the suspension placard was not posted in a conspicuous place visible from the exterior of the Premises to which the suspension applies. Therefore, the Board FINDS a breach of section 55(2) of Ontario Regulation 719/90 under the Liquor Licence Act.
Order
Having made the above findings, the Board ordered that licence number 807516 issued to 1562363 Ontario Ltd. operating as QUEENSHEAD (THE), 659 Queen Street West, main floor, Toronto be suspended for fifty-five (55) consecutive days as requested in the Notice of Proposal.
While this decision was still on reserve, the Board was advised that the Licensee asked to surrender its license and that the Registrar had agreed. Until the hearing is completed and a final decision issued, the Board remains seized of all matters pertaining to these parties. A Licensee’s offer of surrender and the Registrar’s acceptance of that offer does not, without the Board’s approval and decision recording that resolution, relieve a panel of the responsibility to decide a matter before it and complete its adjudicative function.
However, given the circumstances, it seems most unlikely the suspension ordered will be enforced. Thus, unless either party advises the Board with three (3) days it requires an order setting suspension dates the Board will assume the matter is fully resolved and close its file.
Should an order setting suspension dates be requested within the time set, the Licensee shall submit proposed dates in writing to the Manager, Hearings Department, Alcohol and Gaming Commission at the address on the front page of this decision within seven (7) days of the request in accordance with the Board’s Rules.
DATED AT TORONTO THIS 27th DAY OF AUGUST, 2007.
GUY MAURICE, BAORD MEMBER ELEANOR MESLING, BOARD MEMBER
GM/sm